Common use of Request for an Arbitral Panel Clause in Contracts

Request for an Arbitral Panel. 1. If the consulting Parties fail to resolve a matter within: (a) 30 days after the Commission has convened pursuant to Article 21.5; (b) 30 days after the Commission has convened in respect of the matter most recently referred to it, where proceedings have been consolidated pursuant to Article 21.5.5; 1 For purposes of this paragraph and paragraph 4, the Commission shall consist of the cabinet-level representatives of the consulting Parties, as set out in Annex 20.1 (The Free Trade Commission), or their designees. 2 For purposes of this paragraph, the Commission shall consist of the cabinet-level representatives of the consulting Parties in the relevant proceedings, as set out in Annex 20.1 (The Free Trade Commission), or their designees. (c) 30 days after a Party has delivered a request for consultations under Article 21.4 in a matter regarding perishable goods, if the Commission has not convened pursuant to Article 21.5.4; (d) 75 days after a Party has delivered a request for consultations under Article 21.4, if the Commission has not convened pursuant to Article 21.5.4; or (e) such other period as the consulting Parties may agree, any consulting Party that participated at a meeting of the Commission or requested a meeting of the Commission, if the Commission has not convened, may request in writing the establishment of an arbitral panel to consider the matter. The requesting Party shall deliver the request to the other Parties, and shall set out the reasons for the request, including identification of the measure or other matter at issue and an indication of the legal basis for the complaint. 2. An arbitral panel shall be established upon delivery of a request. 3. A Party that is eligible under paragraph 1 to request the establishment of a panel and considers it has a substantial interest in the matter may join the arbitral panel proceedings as a complaining Party on delivery of written notice to the other Parties. The notice shall be delivered at the earliest possible time, and in any event no later than seven days after the date of delivery of the request by the Party for the establishment of a panel. 4. If a Party does not join as a complaining Party in accordance with paragraph 3, it normally shall refrain thereafter from initiating or continuing: (a) a dispute settlement procedure under this Agreement; or (b) a dispute settlement proceeding under the WTO Agreement or under another free trade agreement to which it and the Party complained against are party, on grounds that are substantially equivalent to those available to it under this Agreement, regarding the same matter in the absence of a significant change in economic or commercial circumstances. 5. Unless otherwise agreed by the disputing Parties, the panel shall be selected and perform its functions in a manner consistent with the provisions of this Chapter and the Model Rules of Procedure. 6. An arbitral panel may not be established to review a proposed measure.

Request for an Arbitral Panel. 1. If the consulting Parties fail to resolve a matter within: (a) 30 days after the Commission has convened pursuant to Article 21.520.5; (b) 30 days after the Commission has convened in respect of the matter most recently referred to it, where proceedings have been consolidated pursuant to Article 21.5.520.5.5; 1 For purposes of this paragraph and paragraph 4(c) 30 days after a Party has delivered a request for consultations under Article 20.4 in a matter regarding perishable goods, if the Commission shall consist of the cabinet-level representatives of the consulting Parties, as set out in Annex 20.1 (The Free Trade Commission), or their designees. 2 has not convened pursuant to Article 20.5.4; 4 For purposes of this paragraph, the Commission shall consist of the cabinet-level representatives of the consulting Parties in the relevant proceedings, as set out in Annex 20.1 19.1 (The Free Trade Commission), or their designees. (c) 30 days after a Party has delivered a request for consultations under Article 21.4 in a matter regarding perishable goods, if the Commission has not convened pursuant to Article 21.5.4; (d) 75 days after a Party has delivered a request for consultations under Article 21.420.4, if the Commission has not convened pursuant to Article 21.5.420.5.4; or (e) such other period as the consulting Parties may agree, any consulting Party that participated at requested a meeting of the Commission with regard to the measure or requested a meeting of the Commission, if the Commission has not convened, other matter in accordance with Article 20.5 may request in writing the establishment of an arbitral panel to consider the matter. The requesting Party shall deliver the request to the other Parties, and shall set out the reasons for the request, including identification of the measure or other matter at issue and an indication of the legal basis for the complaint. 2. An arbitral panel shall be established upon delivery of a request. 3. A Party that is eligible under paragraph 1 to request the establishment of a panel and considers it has a substantial interest in the matter may join the arbitral panel proceedings as a complaining Party on delivery of written notice to the other Parties. The notice shall be delivered at the earliest possible time, and in any event no later than seven days after the date of delivery of the request by the Party for the establishment of a panel. 4. If a Party does not join as a complaining Party in accordance with paragraph 3, it normally shall refrain thereafter from initiating or continuing: (a) a dispute settlement procedure under this Agreement; or (b) a dispute settlement proceeding under the WTO Agreement or under another free trade agreement to which it and the Party complained against are party, on grounds that are substantially equivalent to those available to it under this Agreement, regarding the same matter in the absence of a significant change in economic or commercial circumstances. 5. Unless otherwise agreed by the disputing Parties, the panel shall be selected established and perform its functions in a manner consistent with the provisions of this Chapter and the Model Rules of ProcedureChapter. 6. An arbitral panel may not be established to review a proposed measure.

Request for an Arbitral Panel. 1. If the consulting Parties fail to resolve a matter within: : (a) 30 days after the Commission has convened pursuant to Article 21.5; ; (b) 30 days after the Commission has convened in respect of the matter most recently referred to it, where proceedings have been consolidated pursuant to Article 21.5.5;21.5. 5; 1 For purposes of this paragraph and paragraph 4, the Commission shall consist of the cabinet-level representatives of the consulting Parties, as set out in Annex 20.1 (The Free Trade Commission), or their designees. . 2 For purposes of this paragraph, the Commission shall consist of the cabinet-level representatives of the consulting Parties in the relevant proceedings, as set out in Annex 20.1 (The Free Trade Commission), or their designees. . (c) 30 days after a Party has delivered a request for consultations under Article 21.4 in a matter regarding perishable goods, if the Commission has not convened pursuant to Article 21.5.4; ; (d) 75 days after a Party has delivered a request for consultations under Article 21.4, if the Commission has not convened pursuant to Article 21.5.4; or or (e) such other period as the consulting Parties may agree, any consulting Party that participated at a meeting of the Commission or requested a meeting of the Commission, if the Commission has not convened, may request in writing the establishment of an arbitral panel to consider the matter. The requesting Party shall deliver the request to the other Parties, and shall set out the reasons for the request, including identification of the measure or other matter at issue and an indication of the legal basis for the complaint. . 2. An arbitral panel shall be established upon delivery of a request. . 3. A Party that is eligible under paragraph 1 to request the establishment of a panel and considers it has a substantial interest in the matter may join the arbitral panel proceedings as a complaining Party on delivery of written notice to the other Parties. The notice shall be delivered at the earliest possible time, and in any event no later than seven days after the date of delivery of the request by the Party for the establishment of a panel. . 4. If a Party does not join as a complaining Party in accordance with paragraph 3, it normally shall refrain thereafter from initiating or continuing: : (a) a dispute settlement procedure under this Agreement; or (b) a dispute settlement proceeding under the WTO Agreement or under another free trade agreement to which it and the Party complained against are party, on grounds that are substantially equivalent to those available to it under this Agreement, regarding the same matter in the absence of a significant change in economic or commercial circumstances. 5. Unless otherwise agreed by the disputing Parties, the panel shall be selected and perform its functions in a manner consistent with the provisions of this Chapter and the Model Rules of Procedure. 6. An arbitral panel may not be established to review a proposed measure.

Request for an Arbitral Panel. 1. If the consulting Parties fail to resolve a matter within: (a) 30 days after the Commission has convened pursuant to Article 21.5; (b) 30 days after the Commission has convened in respect of the matter most recently referred to it, where proceedings have been consolidated pursuant to Article 21.5.5; 1 For purposes of this paragraph and paragraph 4, the Commission shall consist of the cabinet-level representatives of the consulting Parties, as set out in Annex 20.1 (The Free Trade Commission), or their designees. 2 For purposes of this paragraph, the Commission shall consist of the cabinet-level representatives of the consulting Parties in the relevant proceedings, as set out in Annex 20.1 (The Free Trade Commission), or their designees. (c) 30 days after a Party has delivered a request for consultations under Article 21.4 in a matter regarding perishable goods, if the Commission has not convened pursuant to Article 21.5.4; (d) 75 days after a Party has delivered a request for consultations under Article 21.4, if the Commission has not convened pursuant to Article 21.5.4; or (e) such other period as the consulting Parties may agree, any consulting Party that participated at a meeting of the Commission or requested a meeting of the Commission, if the Commission has not convened, may request in writing the establishment of an arbitral panel to consider the matter. The requesting Party shall deliver the request to the other Parties, and shall set out the reasons for the request, including identification of the measure or other matter at issue and an indication of the legal basis for the complaint. 2. An arbitral panel shall be established upon delivery of a request. 3. A Party that is eligible under paragraph 1 to request the establishment of a panel and considers it has a substantial interest in the matter may join the arbitral panel proceedings as a complaining Party on delivery of written notice to the other Parties. The notice shall be delivered at the earliest possible time, and in any event no later than seven days after the date of delivery of the request by the Party for the establishment of a panel. 4. If a Party does not join as a complaining Party in accordance with paragraph 3, it normally shall refrain thereafter from initiating or continuing: (a) a dispute settlement procedure under this Agreement; or (b) a dispute settlement proceeding under the WTO Agreement or under another free trade agreement to which it and the Party complained against are party, on grounds that are substantially equivalent to those available to it under this Agreement, regarding the same matter in the absence of a significant change in economic or commercial circumstances. 5. Unless otherwise agreed by the disputing Parties, the panel shall be selected and perform its functions in a manner consistent with the provisions of this Chapter and the Model Rules of Procedure. 6. An arbitral panel may not be established to review a proposed measure.

Request for an Arbitral Panel. 1. If the consulting Parties fail to resolve a matter within: (a) 30 days after the Commission has convened pursuant to Article 21.520.5; (b) 30 days after the Commission has convened in respect of the matter most recently referred to it, where proceedings have been consolidated pursuant to Article 21.5.520.5.5; 1 For purposes of this paragraph and paragraph 4(c) 30 days after a Party has delivered a request for consultations under Article 20.4 in a matter regarding perishable goods, if the Commission shall consist has not convened pursuant to Article 20.5.4; (d) 75 days after a Party has delivered a request for consultations under Article 20.4, if the Commission has not convened pursuant to Article 20.5.4; or (e) such other period as the consulting Parties may agree, any consulting Party that requested a meeting of the cabinet-level representatives Commission with regard to the measure or other matter in accordance with Article 20.5 may request in writing the establishment of an arbitral panel to consider the consulting Parties, as set out in Annex 20.1 (matter. The Free Trade Commission), or their designees. 2 requesting Party shall deliver the request to the other 4 For purposes of this paragraph, the Commission shall consist of the cabinet-level representatives of the consulting Parties in the relevant proceedings, as set out in Annex 20.1 19.1 (The Free Trade Commission), or their designees. (c) 30 days after a Party has delivered a request for consultations under Article 21.4 in a matter regarding perishable goods, if the Commission has not convened pursuant to Article 21.5.4; (d) 75 days after a Party has delivered a request for consultations under Article 21.4, if the Commission has not convened pursuant to Article 21.5.4; or (e) such other period as the consulting Parties may agree, any consulting Party that participated at a meeting of the Commission or requested a meeting of the Commission, if the Commission has not convened, may request in writing the establishment of an arbitral panel to consider the matter. The requesting Party shall deliver the request to the other Parties, and shall set out the reasons for the request, including identification of the measure or other matter at issue and an indication of the legal basis for the complaint. 2. An arbitral panel shall be established upon delivery of a request. 3. A Party that is eligible under paragraph 1 to request the establishment of a panel and considers it has a substantial interest in the matter may join the arbitral panel proceedings as a complaining Party on delivery of written notice to the other Parties. The notice shall be delivered at the earliest possible time, and in any event no later than seven days after the date of delivery of the request by the Party for the establishment of a panel. 4. If a Party does not join as a complaining Party in accordance with paragraph 3, it normally shall refrain thereafter from initiating or continuing: (a) a dispute settlement procedure under this Agreement; or (b) a dispute settlement proceeding under the WTO Agreement or under another free trade agreement to which it and the Party complained against are party, on grounds that are substantially equivalent to those available to it under this Agreement, regarding the same matter in the absence of a significant change in economic or commercial circumstances. 5. Unless otherwise agreed by the disputing Parties, the panel shall be selected established and perform its functions in a manner consistent with the provisions of this Chapter and the Model Rules of ProcedureChapter. 6. An arbitral panel may not be established to review a proposed measure.

Request for an Arbitral Panel. 1. If the consulting Parties fail to resolve a matter within: (a) 30 days after the Commission has convened pursuant to Article 21.520.5; (b) 30 days after the Commission has convened in respect of the matter most recently referred to it, where proceedings have been consolidated pursuant to Article 21.5.520.5.5; 1 For purposes of this paragraph and paragraph 4, the Commission shall consist of the cabinet-level representatives of the consulting Parties, as set out in Annex 20.1 (The Free Trade Commission), or their designees. 2 For purposes of this paragraph, the Commission shall consist of the cabinet-level representatives of the consulting Parties in the relevant proceedings, as set out in Annex 20.1 (The Free Trade Commission), or their designees. (c) 30 days after a Party has delivered a request for consultations under Article 21.4 20.4 in a matter regarding perishable goods, if the Commission has not convened pursuant to Article 21.5.420.5.4; (d) 75 days after a Party has delivered a request for consultations under Article 21.420.4, if the Commission has not convened pursuant to Article 21.5.420.5.4; or (e) such other period as the consulting Parties may agree, any consulting Party that participated at requested a meeting of the Commission with regard to the measure or requested a meeting of the Commission, if the Commission has not convened, other matter in accordance with Article 20.5 may request in writing the establishment of an arbitral panel to consider the matter. The requesting Party shall deliver the request to the other Parties, and shall set out the reasons for the request, including identification of the measure or other matter at issue and an indication of the legal basis for the complaint. 2. An arbitral panel shall be established upon delivery of a request. 3. A Party that is eligible under paragraph 1 to request the establishment of a panel and considers it has a substantial interest in the matter may join the arbitral panel proceedings as a complaining Party on delivery of written notice to the other Parties. The notice shall be delivered at the earliest possible time, and in any event no later than seven days after the date of delivery of the request by the Party for the establishment of a panel. 4. If a Party does not join as a complaining Party in accordance with paragraph 3, it normally shall refrain thereafter from initiating or continuing: (a) a dispute settlement procedure under this Agreement; or (b) a dispute settlement proceeding under the WTO Agreement or under another free trade agreement to which it and the Party complained against are party, on grounds that are substantially equivalent to those available to it under this Agreement, regarding the same matter in the absence of a significant change in economic or commercial circumstances. 5. Unless otherwise agreed by the disputing Parties, the panel shall be selected established and perform its functions in a manner consistent with the provisions of this Chapter and the Model Rules of ProcedureChapter. 6. An arbitral panel may not be established to review a proposed measure.